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(영문) 서울고등법원 2015.01.13 2014나2020125
배당이의
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The summary of the case is the case seeking revision of the distribution schedule by asserting that the Plaintiff appeared on the date of distribution of the real estate auction procedure and stated an objection against the whole amount distributed by Solomon Savings Bank, Solomon Savings Bank (hereinafter “ Solomon Savings Bank”).

The first instance court rejected the instant lawsuit on the ground that the Plaintiff appeared on the date of distribution in the capacity of the attorney, and raised an objection to the dividend amount of the Solomon Savings Bank, and there is no evidence to deem that the Plaintiff had raised an objection as the Plaintiff himself/herself. The Plaintiff appealed against this.

2. The reasoning of the court of first instance’s explanation on this case is as follows: (a) in light of the fact that the plaintiff appeared on the date of distribution (Evidence A4) in the protocol of distribution and stated that the plaintiff raised an objection against the whole amount of dividends of the Solomon Savings Bank on the date of distribution in the capacity of the attorney in the capacity of the plaintiff; (b) the entries of the evidence No. 6-1 and No. 2 are sufficient to recognize the plaintiff’s assertion that the plaintiff appeared on the date of distribution on the date of distribution and stated an objection against the amount of dividends for both the plaintiff himself and E; and (c) therefore, the reasoning of the judgment of the court of first instance is as stated in

3. In conclusion, the plaintiff's appeal is dismissed as it is without merit.

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